Litigation

Real Estate and Foreclosure Litigation


If you are at risk of losing your house or property, Aaron Berger Law can help you understand and protect your rights.  Aaron Berger Law will defend you against lenders, loan servicers, foreclosure trustees and their ruthless corporate lawyers.
Foreclosure in California is governed by Civil Code Sec. 2924 et seq. California is known as a “non-judicial” foreclosure state. In California, a lender is not required to take a defaulted borrower to Court in order to foreclose on a property. Instead, a lender merely needs to record a “Notice of Default”, allow sufficient time to elapse, record a “Notice of Trustee’s Sale”, and then proceed to auction the property. If a sale is completed, a “Trustee’s Deed Upon Sale” is delivered to the third party purchaser who can record it with the county. Once recorded the third party is deemed the rightful owner of the property and is protected as a “bonafide purchaser.”  This means that the third party purchaser is immune from liability for any wrong doing by the lender, loan servicer, and foreclosure trustee.


Loan Modification and Foreclosure


A majority of the time, borrowers facing foreclosure are simultaneously seeking to modify their home loans, either through the Home Affordable Modification Program or some alternative program offered by the lender. Due to insufficiently staffed lending institutions, automated document preparation, and a general sense of being overwhelmed, lending institutions commonly find themselves in breach of the obligations imposed upon them by the Homeowners’ Bill of Rights.


Aaron Berger Law has specialized in foreclosure prevention litigation for over 6 years and can help you sue your lender and loan servicer for the following claims:
·  Violations of the Homeowners’ Bill of Rights
·  Dual Tracking (Advancing Foreclosure While in Loan Modification Review)
·  Defects in the Chain of Title
·  Improper Deed of Trust Assignments
·  Improper Substitutions of Foreclosure Trustee
·  Debt Collection Practices Violations
·  Breach of Trial Loan Modification Payment Plans
·  Negligence, Fraud and Misrepresentation by Lender or Loan Servicer
·  Lender’s Failure to Consider Loss Mitigation Alternatives
·  Accounting Discrepancies Related to Mortgage Loan Payments
·  Breach of Contract
·  Unfair Business Practices
·  Wrongful Foreclosure
·  Reverse Mortgage Foreclosure  
·  Junior Lien Foreclosure
·  Hard Money Loan Foreclosure


These types of Lawsuits may result in the following remedies:
·  Temporary Restraining Orders Against Foreclosure
·  Preliminary Injunctions Against Foreclosure
·  Loan Modification
·  Monetary Damages
·  Principal Reductions
·  Deferred Payments
·  Forbearance Plans
·  Negative Credit Reporting Corrections
·  Corrected Accounting Statements and Refunds
·  Loan Assumptions
·  Cancellation of Instruments, Such as a Notice of Default and Notice of Sale
·  Court Ordered Rescission of the Trustee’s Deed Upon Sale
·  Quiet Title Order Declaring the Rightful Owner of the Property


Aaron Berger Law also specializes in Real Estate Transactional Law and can help you real estate contract disputes including:


·  Real Property Transactional Disputes
·  Real Property Litigation and Vendor-Purchaser Disputes
·  Homeowner Association disputes
·  Title Insurance Disputes
·  Boundary and Easement Disputes